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Date Posted: 18:44:41 05/17/09 Sun
Author: Bobby N. Harmon

CV05-00030 - U.S. Dept. of Justice, David C. Farmer, Trustee vs. Bobby N. Harmon - Exhibit: "BATTLE LOOMS AS OBAMA NEARS SUPREME COURT PICK"

Sunday, May 17, 2009 9:29 PM

From: Bobby N. Harmon

To: "President Barack Obama" , "U.S. Attorney General Eric Holder" , "David Farmer" , "Steven Guttman" , "Carol K. Muranaka" , "Judge David A. Ezra" , "Judge Kevin S.C. Chang" , "Judge Barry M. Kurren" , "Securities & Exchange Commission Enforcement Division" , "U.S. Treasury Dept. Office of Inspector General" , "Office of Inspector General US Dept of Justice" , "Executive Office for U.S. Trustees" , "Judge Robert Faris" , "SEC Office of The Inspector General" , "Hawaii State Bar Association" , "Charles Goodwin" , "Hugh Jones" , "Insurance Division Fraud Branch" , "Lawrence Reifurth" , "Linda Lingle" , "Jo Ann Uchida" , "Office of Inspector General Civil Rights Complaints" , "Mark Bennett"

Cc: "ACLU Hawaii" , "All Representatives" , "All Senators" , "Andrew Walden" , "Aon Insurance Managers" , "Arthur Rath" , "Benjamin Kudo" , "Bradley Tamm" , "Carl Morton" , "Charles Hurd" , "David Shapiro" , "Dee Jay Mailer" , "J C Shannon" , "James B Nicholson" , "James B. Farris" , "James Cribley" , "James Wriston" , "Jeffrey Watanabe" , "Jim Dooley" , "Joe Moore" , "John D. Finnegan" , "John Goemans" , "Judson Witham" , "Ken Conklin" , "Lyn Flanigan Anzai" , "Margery Bronster" , "Marsh Affinity Group" , "Michael N. Tanoue" , "Michelle Tucker" , "Nathan Aipa" , "Paul Alston" , "Randall Roth" , "Rick Daysog" , "Robert Bruce Graham" , "Robin Campaniano" , "Samuel P. King" , "William K Slate" , "Jim Terrack" , "Don Michak" , "Rocco Sansone" , "Ted Pettit" , "Laura Thielen" , "Vaughn & Lynda Robinson" , "Rebecca Christie" , "Catbird" , "James Duca" , "Ian Lind" , "Roy F. Hughes" , "Malia Zimmerman" , "Jack Cashill" , "Marshall Chriswell" , "Laser Haas" , "Lucy Komisar" , "Democrats.com" , "Debra Sweet" , "Jane Kirtley" , "V K Durham" , "John Jubinsky" , "Yamil Berard" , "Global Exchange" , "William K. Black" , "Carole Williams" , "Susan Tius" , "Human Rights in China" , "Michelle Malkin" , "Heather Vsn Doren" , "Phil J. Berg" , "Amnesty International U.S.A." , "Michael Moore" , "California Anti-SLAPP Project" , "Thomas Fitton" , "Ron Branson"


By Caren Bohan Caren Bohan Sun May 17, 2:16 pm ET

WASHINGTON (Reuters) President Barack Obama hopes to tone down the partisan warfare that often surrounds selections to the Supreme Court, but that won't be easy with interest groups bracing for a fight over issues like abortion.

Obama has been weighing a short list of mostly women for a seat on the nine-member high court that decides such issues as abortion and the death penalty as well as business and property rights cases. The court's members are appointed for life but require Senate confirmation.

The pick, expected to be announced later this month, is unlikely to change the court's ideological makeup since Obama, a Democrat, is expected to pick a liberal in the mold of retiring justice David Souter.

Some experts think Obama, a former lecturer in constitutional law, may seek someone with the intellectual firepower and personality to go to toe-to-toe with two of the court's most conservative members, Antonin Scalia and Samuel Alito. Though well regarded for his intellect, Souter is relatively low-key.

Eugene Volokh, a professor at UCLA School of Law in California, said a fight will likely loom even though the Democratic majority in the Senate means any Republican effort to derail the nominee would probably fail.

"It's pretty clear the people on the other side are going to fight against the appointment of people with whom they disagree," Volokh said. "The degree of controversy depends on just how far left this nominee is going to be."

Noting that Obama, a former senator, voted against Republican President George W. Bush's two Supreme Court nominees, John Roberts and Samuel Alito, Volokh said it is unrealistic for Obama to expect conservatives to "engage in unilateral disarmament."

Solicitor General Elena Kagan, who argues for the government before the Supreme Court, and two federal appeals court judges -- Sonia Sotomayor and Diane Wood -- are among those under consideration by Obama, according to a source familiar with his thinking.

Also in the mix are Michigan Democratic Governor Jennifer Granholm, Homeland Security Secretary Janet Napolitano, and California Supreme Court Justice Carlos Moreno. Many analysts believe Obama will pick a woman to join the only other female justice, Ruth Bader Ginsburg....


Hoping to show he is taking a consultative approach, Obama has been meeting with key Democratic and Republican members of the Senate, which must vote to approve the nominee....

Stephen Wayne, professor of government at Georgetown University, said a more moderate nominee would trigger less opposition, but either way there would be a battle.

But he added, "We can never forget that nominations for Supreme Court Justices are forums. And people on both sides of the aisle are required to use them to espouse a certain point of view and to use them as a fundraising technique."

"So I think you can have a much milder circus but you're still going to have one big tent there and there will be objection to whomever he nominates," Wayne said.

(Additional reporting by Thomas Ferraro; Editing by Eric Walsh)


* * *

May 17, 2009

Dear President Obama, Attorney General Holder, Trustee Farmer, Mr. Guttman, and All Concerned:

Due to the discovery of NEW FACTS, I am adding the subject Exhibit as it relates to this lawsuit which violates my Constitutional Rights of Free Speech and a Fair Trial, and Federal and Hawaii Anti-SLAPP statutes. You will find related information on-line at:


In view of all the facts that I have presented in this and hundreds of other Exhibits and witness descriptions, it is beyond comprehension that former Attorney General Alberto Gonzales; Assistant U.S. Trustees Curtis Ching, Gayle Lau and Carol Muranaka; Judges Eden Hifo (fka Bambi Weil), Kevin Chang, David Ezra, Barry Kurren, Lloyd King and Robert Faris; Trustees Mary Lou Woo, James Nicholson and David C. Farmer; American Arbitration Association arbitrator Judith Neustadter Fuqua, attorney Steven Guttman, and others, can still claim that they were non-conflicted, fair, impartial, and unbiased in this case.

In spite of all this factual evidence (not just "political opinions" or "conspiracy theories" as you have previously alleged), I am again asking that we attempt to reach a global settlement of this matter through confidential negotiation or mediation rather than continuing these costly and seemingly-endless court proceedings.

Mr. Farmer and Mr. Guttman, if you, and your insurance carriers, are still NOT willing to attempt to negotiate or mediate a settlement, then I ask that you perform your mandated review of this new Exhibit in accordance with Judge Ezra's Order, and advise me if you find it contains any so-called "protected subject matter", and whether or not you intend to OBJECT to my filing a Motion to reopen this case.

I respectfully request your immediate reply. If I do not receive a response from you or your insurance carrier within 15 days, I will assume that you have found no "PSM" in these updated pages, and that you will NOT file any objections to my Motion.

Very truly yours,

Bobby N. Harmon, CPCU, ARM

Additional References:

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